Legal Aspects of Adoption

Children are the most precious gift of God on this earth. The importance of having a child may not be evaluated by those already bestowed with a child. But the vacuum in the life can best be felt by only one who has not been gifted with a child. Adopting a child is a ray of hope for them. In recent past, single mothers have also started taking a child in adoption. But one must know the legal aspect of taking a child in adoption. Interestingly prior to 2006 only Hindu’s could ‘Adopt’ a child. Others could be their guardians only that too till the child attained 18 years of age after which the child was free of his own. Such a child did not have any legal rights.

Who can adopt?

Any Hindu male who is of sound mind and is not a minor can take a son or a daughter in adoption: but, if his wife is living, he can not adopt without her consent. Any Hindu major and unmarried female who is of sound mind, can take a valid adoption. One who is widow or divorcee can also take a child in adoption.

Who can give child for adoption?

The father alone can give a child for adoption with the consent of his/her mother. A mother may give the child in adoption if the father has become otherwise incompetent.

Which child can be adopted?

Only that child can be adopted who is Hindu and has not already been adopted; also that he/she is unmarried. This means only Hindu unmarried and minor child can be taken in adoption. The maximum age of such a child has been fixed to be 15 years.

Conditions of adoption

* In every adoption if the adoption is of a son, the adoptive parents must not have a son, and if adoption is of a daughter, they must not have a daughter.

* If a male is adopting a female child, he must be at least twenty-one years older than the child; and if the adoption is by a female and she adopts a male child then she must be at least twenty-one years older than him.

An adopted child is deemed to be the child of the adoptive parents. This means the adoption has an effect as if the child was born in the adoptive family. The child cannot marry any person whom he or she could not have married if he or she was not adopted. Any property which is vested in the adopted child before the adoption continues to vest in such person.

Adoption which has been validly made can not be cancelled nor can the adopted child renounce his status and return to his family of birth. This means that adoption once made is made for ever, it can not be reverted back.

Post by- Rajeev

3 thoughts on “Legal Aspects of Adoption”

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